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Appeal stuff

State of California v. David Westerfeld, 2002.
Seven year-old Danielle Van Dam was abducted from her home and murdered. Her body was found two weeks later. Danielle had been very close to the family's Weimeraner dog. The police suspected the Van Dam's neighbor, David Westerfeld, and searched his house and motor home. The mitochondrial type from dog hairs found in the motor home, on a quilt, and in the lint-trap of his dryer matched the Van Dam's dog. The frequency of the type was common at 9%; the likelihood ratio is 9.9. This was the first trial in the United States to admit canine mitochondrial DNA analysis as evidence. David Westerfeld was convicted on all counts.

Comment

People vs McCall
(10 Cal. App. 2d, December 1935)
"Without doubt, it is the general rule the evidence that the accused had in his possession the means to commit the crime, or had an opportunity to do so, is ordinarily admissible when the evidence against him is entirely circumstantial. In applying this rule, however, caution should be exercised to avoid giving any undue significance to circumstances that are but ordinary incidents of every-day life. The fact that the very existence of a prosecution tends to throw suspicion upon every act of the accused and to cause trifles "light as air" to assume the appearance of "confirmations strong as proofs of Holy Writ", should give pause to any heedless imprudence in the admission in evidence of circumstances that are barren of incriminating significance. As is well said by the learned author of Wharton's Criminal Evidence (vol.2, sec. 915), "circumstances, trivial in themselves, take on an exaggerated character the moment that suspicion is directed toward a person accused of crime; and because of this tendency, no circumstance should be admitted that cannot be shown to have a direct and obvious relevancy to the crime charged".(at pg. 507)

Comment

"Mr. Selby is a quack," said Dusek. "I would characterize it as completely false...absolutely, no truth, no merit to his sketchy acknowledgement he claims he did this crime. He did not!"

Dusek says his office sent the letter to Steven Feldman, David Westerfield's defense attorney.

Feldman told LOCAL 8 News he won't comment on anything about the Westerfield case.

I wonder how this part will play out in court?

"You lost another submarine?"

Vinny Gambini: When you look at the bricks from the right angle, they're as thin as this playing card. His whole case is an illusion, a magic trick. It has to be an illusion, 'cause you're innocent. Nobody - I mean nobody - pulls the wool over the eyes of a Gambini, especially this one.

Comment

"The first thing you're going to look at is who is sending me this letter...what is their background..is this an out right "kook," or is this someone who has the credentials who could have committed this crime," Gibson said.
(I guess the same questions could be asked about the caller on the 15th? Who is calling Brenda, claiming to have information about the well-being of her daughter? How does this MALE caller know the evidence will support the time since death, based upon the estimates of the prosecution witness who was traded to the defense before the season started.)

Selby may have a criminal background, but Dusek says the confession wasn't seen as legit because Selby was unstable and confessed to other high profile murders, including Jon Benet Ramsey's in Colorado.
(...and another dude wrote about Jon Benet, was arrested, and there was NO EVIDENCE to tie him to the CRIME SCENE so he was released and not charged.)

Comment

"The first thing you're going to look at is who is sending me this letter...what is their background..is this an out right "kook," or is this someone who has the credentials who could have committed this crime," Gibson said.
(I guess the same questions could be asked about the caller on the 15th? Who is calling Brenda, claiming to have information about the well-being of her daughter? How does this MALE caller know the evidence will support the time since death, based upon the estimates of the prosecution witness who was traded to the defense before the season started.)

Selby may have a criminal background, but Dusek says the confession wasn't seen as legit because Selby was unstable and confessed to other high profile murders, including Jon Benet Ramsey's in Colorado.
(...and another dude wrote about Jon Benet, was arrested, and there was NO EVIDENCE to tie him to the CRIME SCENE so he was released and not charged.)

I don't know who called Brenda on the 15th but how could he know that the phone taps
had been removed(expired) just that day.Someone had confidential information. Wouldn't you say? How do the police explane that?

Comment

"The first thing you're going to look at is who is sending me this letter...what is their background..is this an out right "kook," or is this someone who has the credentials who could have committed this crime," Gibson said.

(I guess the same questions could be asked about the caller on the 15th? Who is calling Brenda, claiming to have information about the well-being of her daughter? How does this MALE caller know the evidence will support the time since death, based upon the estimates of the prosecution witness who before the season started.)

Well, all I know is, "long after" the witness was traded, both teams "dropped the ball."

There was a long "bomb," (explosive as a confession) and it was picked off by Holmes, who handed it off to Dusek, who then handed it off to Feldman.

After that, it gets a little foggy, but as LUCK would have it, the ball was recovered by someone who "knows" how the game is played, and they knew just what to do with it.

Vinny Gambini: When you look at the bricks from the right angle, they're as thin as this playing card. His whole case is an illusion, a magic trick. It has to be an illusion, 'cause you're innocent. Nobody - I mean nobody - pulls the wool over the eyes of a Gambini, especially this one.

Comment

"...I don't know who called Brenda on the 15th but how could he know that the phone taps
had been removed(expired) just that day.Someone had confidential information. Wouldn't you say? How do the police explane that?..."

(Another Lucky Guess?)

Comment

"...I don't know who called Brenda on the 15th but how could he know that the phone taps
had been removed(expired) just that day.Someone had confidential information. Wouldn't you say? How do the police explane that?..."

(Another Lucky Guess?)

Does anyone know if that call was recorded and if there was a transcript or did Brenda just
say so? It sure would be interesting to read that conversation.

“A. All information derived from the installation and use of a device commonly referred to as a "trap and trace" to identify the telephone numbers of, location, the name and address, customer service record, billing statements, and credit information of the subscriber of record whether published or non- published for all telephones used to call telephone number (858) 513-xxxx (the van Dam's phone number) , and any other telephone numbers located at the address of said phone numbers, for a continuous period between February 12, 2002 and March 30, 2002, an extended period of time due to the nature of this on going investigation, a child abduction from a private residence. The subscriber has given his permission to request and extended period of time in efforts to assist with the investigation; and,

B. All information derived from the installation and use of a device commonly referred to as a "pen register" (dialed number recorder) to identify the telephone numbers of, location, and the name and address of the subscriber of record whether published or non-published where calls are being made from telephone number (858) 513-xxxx and any other telephone numbers located at the address of said phone number, for a continuous period between February 12, 2002 and March 30, 2002, an extended period of time due to the nature of this on going investigation...”

(I'll have to find out WHO provided the bogus information about the "expired" phone gismos. According to this search warrant and the transcriber (DTTJ) (sic) the pen register & trap and trace were both installed conveniently BEFORE the call on the 15th. Imagine the information they have on the call and the caller?

Did Selby own a cell phone?

Did Selby have DNA?

Who called on the 15th? Did HE mention Dehesa? Where was the police work concerning this "scum bag" who would call and harass the victims when their daughter was still missing, with NO clues as to her disappearance or the DNA BLOOD EVIDENCE inclusions/exclusions?
From the EVIDENCE they knew it wasn't Westerfield.
The story had been "sold", wrong, but sold and there was no turning back, regardless of what the EVIDENCE said and didn't say!

SDPD is watching Westerfield's house Sunday night. They're "watching and waiting" on Monday morning.
"OK Collins, better hook up the phone gismos at the van Dam house, just in case, Westerfield decides to call with information concerning the well being of the victim, Danielle."

No book, No movie, No credibility, No way!

Funny, there's no way to challenge Brenda's version of the call on the 15th, unless it was RECORDED! Hmmm!)

“A. All information derived from the installation and use of a device commonly referred to as a "trap and trace" to identify the telephone numbers of, location, the name and address, customer service record, billing statements, and credit information of the subscriber of record whether published or non- published for all telephones used to call telephone number (858) 513-xxxx (the van Dam's phone number) , and any other telephone numbers located at the address of said phone numbers, for a continuous period between February 12, 2002 and March 30, 2002, an extended period of time due to the nature of this on going investigation, a child abduction from a private residence. The subscriber has given his permission to request and extended period of time in efforts to assist with the investigation; and,

B. All information derived from the installation and use of a device commonly referred to as a "pen register" (dialed number recorder) to identify the telephone numbers of, location, and the name and address of the subscriber of record whether published or non-published where calls are being made from telephone number (858) 513-xxxx and any other telephone numbers located at the address of said phone number, for a continuous period between February 12, 2002 and March 30, 2002, an extended period of time due to the nature of this on going investigation...”

(I'll have to find out WHO provided the bogus information about the "expired" phone gismos. According to this search warrant and the transcriber (DTTJ) (sic) the pen register & trap and trace were both installed conveniently BEFORE the call on the 15th. Imagine the information they have on the call and the caller?

Did Selby own a cell phone?

Did Selby have DNA?

Who called on the 15th? Did HE mention Dehesa? Where was the police work concerning this "scum bag" who would call and harass the victims when their daughter was still missing, with NO clues as to her disappearance or the DNA BLOOD EVIDENCE inclusions/exclusions?
From the EVIDENCE they knew it wasn't Westerfield.
The story had been "sold", wrong, but sold and there was no turning back, regardless of what the EVIDENCE said and didn't say!

SDPD is watching Westerfield's house Sunday night. They're "watching and waiting" on Monday morning.
"OK Collins, better hook up the phone gismos at the van Dam house, just in case, Westerfield decides to call with information concerning the well being of the victim, Danielle."

No book, No movie, No credibility, No way!

Funny, there's no way to challenge Brenda's version of the call on the 15th, unless it was RECORDED! Hmmm!)

I'm sorry for the misinformation..I was sure that is what I read.My bad.. back to the transcripts I go..anyhoo that telephone call seemed to be something the jury should have heard maybe then they wouldn't have been so quick to throw Faulkner,s time of death.
out like yesterdays" garbage
I understood that Damon was out in the desert conducting an independant search for his
daughter.Something about the timing has always made me smell fish.

Comment

...telephone call on February 15, 2002, from an unknown male. The male asked her if she “wanted her daughter back.” The male stated that Danielle had been “abused” but was “alive.”

Based on this telephone call, the San Diego Police Department sought and obtained a search warrant permitting the installation and use of a “trap and trace” to identify the telephone numbers, location, and name and address of the telepones used to call the van Dams.

(...but...but...what about the stuff that was installed BEFORE the phone call...and before the "trap & trace" device was installed on the 12th.

Yeah, we know what's wrong with this picture, don't we?
Don't compare events to a calendar or the clock, unless one wishes to learn the truth of most things.)

"......It was then I learned the initial “trap and trace” had expired pursuant to search warrant #27800. I explained the exigency of the situation to an employee at Pacific Bell Telephone and requested an immediate “trap and trace” be again placed on the Van Dam’s telephone...."

“A. All information derived from the installation and use of a device commonly referred to as a "trap and trace" to identify the telephone numbers of, location, the name and address, customer service record, billing statements, and credit information of the subscriber of record whether published or non- published for all telephones used to call telephone number (858) 513-xxxx (the van Dam's phone number) , and any other telephone numbers located at the address of said phone numbers, for a continuous period between February 12, 2002 and March 30, 2002, an extended period of time due to the nature of this on going investigation, a child abduction from a private residence. The subscriber has given his permission to request and extended period of time in efforts to assist with the investigation; and,

B. All information derived from the installation and use of a device commonly referred to as a "pen register" (dialed number recorder) to identify the telephone numbers of, location, and the name and address of the subscriber of record whether published or non-published where calls are being made from telephone number (858) 513-xxxx and any other telephone numbers located at the address of said phone number, for a continuous period between February 12, 2002 and March 30, 2002, an extended period of time due to the nature of this on going investigation...”

(I'll have to find out WHO provided the bogus information about the "expired" phone gismos. According to this search warrant and the transcriber (DTTJ) (sic) the pen register & trap and trace were both installed conveniently BEFORE the call on the 15th. Imagine the information they have on the call and the caller?

Did Selby own a cell phone?

Did Selby have DNA?

Who called on the 15th? Did HE mention Dehesa? Where was the police work concerning this "scum bag" who would call and harass the victims when their daughter was still missing, with NO clues as to her disappearance or the DNA BLOOD EVIDENCE inclusions/exclusions?
From the EVIDENCE they knew it wasn't Westerfield.
The story had been "sold", wrong, but sold and there was no turning back, regardless of what the EVIDENCE said and didn't say!

SDPD is watching Westerfield's house Sunday night. They're "watching and waiting" on Monday morning.
"OK Collins, better hook up the phone gismos at the van Dam house, just in case, Westerfield decides to call with information concerning the well being of the victim, Danielle."

No book, No movie, No credibility, No way!

Funny, there's no way to challenge Brenda's version of the call on the 15th, unless it was RECORDED! Hmmm!)

Looks like someone in LE didn't tell the truth regarding when the pen register & trap and trace expired.

Comment

"The first thing you're going to look at is who is sending me this letter...what is their background..is this an out right "kook," or is this someone who has the credentials who could have committed this crime," Gibson said.

Also interesting, is the person who found the confession letter, used the term "HOT PROWLER" to describe Selby. I didn't know what that meant at the time.
_______________

Residential burglaries have risen 30 percent in the greater Fallbrook area the first five months of 2008 (57 incidences) compared to the same time period in 2007 (44 incidences).

While the increase is notable, the fact that three burglaries in the last two weeks have been perpetrated by hot prowlers (burglars who enter the home while a resident is inside) is especially worrisome to law enforcement officials.

“It’s disturbing because the likelihood of someone getting hurt is greater; the likelihood of someone getting confronted is high,” said Sheriff’s Detective Jim Pucillo. “We don’t know how a suspect or homeowner will react. A homeowner could be protecting their house or property and the suspect could be forced into a corner and pull a knife or gun and hurt somebody.”

Pucillo explained that it takes a “special type of criminal” to break into a house when they know someone is home and said that is what dramatically increases the risk.

“There is greater desperation to the act; it could be a drug addict looking for money,” Pucillo said.

The detective said it is his hunch that it is the same individual committing all the hot prowls, based on consistencies in the time frames the crimes have occurred and the items that have been stolen.

( Finally! Some consistencies in a time frame. )
...
“People need to be a little more vigilant about securing their homes and vehicles,” Pucillo said.
“Out of all the burglaries we’ve had, very few have been through forced entry. The majority have been crimes of opportunity – unlocked windows and doors, especially side garage doors.”

Vinny Gambini: When you look at the bricks from the right angle, they're as thin as this playing card. His whole case is an illusion, a magic trick. It has to be an illusion, 'cause you're innocent. Nobody - I mean nobody - pulls the wool over the eyes of a Gambini, especially this one.

As Sandy Trotter listened to testimony that her 19-year-old daughter received phone calls from a man threatening to violate and kill her, she tried to reason why her daughter never disclosed such accounts, if true, to her.

It’s been almost 10 years since her daughter, Melissa Trotter, was last seen on the Montgomery College campus, now called Lone Star College-Montgomery. Almost a month after her disappearance, Melissa Trotter’s body was found in the Sam Houston National Forest.
Her former co-workers at the Lake Conroe Resort and Marina were on the stand in the 9th state District Court, giving details of phone calls they say Melissa Trotter received several months before her death.

The co-workers are witnesses in an evidentiary hearing, in which Judge Fred Edwards will decide if the state withheld evidence or sponsored false testimony in the trial against Larry Ray Swearingen, 36, who is convicted of kidnapping and strangling Melissa Trotter.

Swearingen was on death row, set to be executed Jan. 23, 2007, but a stay was issued after his attorney filed an appeal. Edwards found that the new evidence presented would not have changed jurors minds and the Texas Court of Criminal Appeals agreed. In response, Swearingen’s attorney James Rytting filed six additional claims this spring.

The Court of Criminal Appeals ordered two of the claims to be resolved. The other four claims did not meet the requirements for consideration.

The claims before the 9th state District Court Friday were whether Swearingen’s defense had access to reports that another man was interviewed and investigated in connection to Melissa Trotter’s death and whether a co-worker of Melissa Trotter’s was interviewed as part of the investigation.

The co-worker was Lisa Roberts, who testified that she remembers a workday when Melissa Trotter received a disturbing phone call. Roberts inquired as to what was wrong and Melissa Trotter told her a man would not leave her alone.

When the phone rang a second time, Roberts answered. She heard a man’s voice.

“He said he would (expletive) her while she was dying … for what she did to him … and he would choke the life out of her,” Roberts said.

Roberts also testified that Melissa Trotter told her that she was “with” Swearingen, a classmate of Roberts at Willis High School. She added that Melissa Trotter did not appear afraid of him.

When Roberts read about Melissa Trotter’s disappearance in the newspaper, she said she called law enforcement and officers came to her home to take her testimony. But afterwards, she was not contacted again.

“Could we have contacted you if we wanted to?” Edwards asked.

Roberts said “yes,” explaining that even though she moved to Tennessee for a few years, all of her family and friends knew how to reach her.

Another co-worker at the resort, Cora Sutton, also testified that Melissa Trotter said she was receiving threatening phone calls. She also contacted law enforcement upon hearing about the disappearance of Melissa Trotter, but, she said, no one ever followed up with her.

The testimonies didn’t make sense to Melissa Trotter’s family.

“I don’t recall Melissa ever saying anything about threatening phone calls,” Sandy Trotter said. “Their timing seemed off too. I don’t remember her working at the resort long. … I don’t like being back here (in the courtroom.)”

Family and friends of Swearingen were also present at the hearing but did not wish to comment.

The state and defense have two weeks to present their findings of fact to Edwards. Then, he will make a final decision on the two claims.
____________________

Vinny Gambini: When you look at the bricks from the right angle, they're as thin as this playing card. His whole case is an illusion, a magic trick. It has to be an illusion, 'cause you're innocent. Nobody - I mean nobody - pulls the wool over the eyes of a Gambini, especially this one.